Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 363 of 2010 Petitioner :- Amit Chhoker Respondent :- State Of U.P. Petitioner Counsel :- Vidhu Bhushan Singh Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
the F.I.R. is not consistent with the statement of the injured. He further
submits that the F.I.R. was lodged against unknown persons but according to
the statement of the injured specific role has been assigned to Bobby and
Prahlad who are alleged to have fired indiscriminately by their country made
pitols. He further submits that no specific role has been assigned to the
applicant. He further submits that co accused Parmit and Braj Mohan alias
Pinku have been granted bail by this court on 4.11.2009 in Criminal Misc.
Bail Application No. 29376/09. He further submits that the applicant has no
criminal history and is in jail since 10.4.2009.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Amit Chhoker involved in Case Crime No. 604 of 2009
under Sections 307,326,34,120-B,420,467,471 I.P.C. and Section 3(2)5 of
SC/ST Act P.S. Civil Lines, District Muzaffar Nagar be released on bail on
his furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 7.1.2010
MLK